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Lpr 104: Legal Systems Question Paper

Lpr 104: Legal Systems

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2009

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2008/2009
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAW
LPR 104: LEGAL SYSTEMS

DATE: Tuesday 2nd December, 2008

TIME: 2.00 p.m. – 4.00 p.m.

INSTRUCTIONS
Answer question one and two other questions.

1.
“ I accept that a system of law requires a considerable degree of certainty and uniformity
and that such certainty and uniformity would not exist if the courts were free to arrive at a
decision without regard to any previous decision”
Sir Charles Newbold P., Dodhia v National & Grindlay’s Bank Limited and another
[1970] EA 195 p. 199 E. Discuss. [30 Marks]

2. Outline the historical development of the common law and equity. [20 Marks]

3.
Historically, the need for legal services for those unable to pay reasonable fees has been
met in part by lawyers who have donated their services or have taken Court appointments
on behalf of such individuals. The basic responsibility for providing legal services for
those unable to pay ultimately rests with the individual lawyers.

Examine the above statement and explore the need for an efficient and widespread legal
aid service in Kenya and make recommendations for a viable scheme. [20 Marks]

4. Second year law students at an Australian university belonging to the Law and
Technology club have recently set up a web site that gives details of the structure of the
court system in countries around the world. The contributions to the web site are mainly
from law students at various universities around the world. The site has grown rapidly
and has a high number of hits (visits to the site) in a day. This has attracted the attention
many organizations willing to place advertisements specifically targeting lawyers on the
site.
The organizations are however disappointed to note that the site does not give details of
the court system in any African country. They asked the students to update their site to
give details of court systems in African countries. The Australian students send you an
e-mail asking you to give a detailed description of the existing system of Kenyan Courts
for inclusion on their web site.

Provide a brief outline an appropriate description to be included on the web site under the
title „Kenya?. [20 Marks]

5. Give a short account of the following and underline their regulatory functions:

a. The Law Society of Kenya
b. The Council for Legal Education of Kenya.
Disciplinary procedure for Lawyers. [20 Marks]
c.

…………….

2

Lpr 104: Legal Systems Question Paper

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